I was driving and smoking and cop pulled me over for speeding , gave me a speeding ticket and a yellow paper telling me I have a court date in a month, what should I expect/do? I don't want to be put on probation for 6 months we plan on flying to ...
I have practiced in the Sarasota area for almost 16 years, both as a state attorney and now a private criminal lawyer. Typically, on a first time marijuana case they will allow someone to enter the Pre-trial intervention program. This will consist of you signing a contract with the probation department and would typically require you to complete some community service and pay some money. Depending on the state attorney and your previous record(if any) they will sometimes require a drug evaluation and treatment if deemed necessary. Of course the other option would be to resolve the case for no conviction if they offer a withhold and fine or community service. The advantage of a pti program is that it would allow you to expunge your record upon completion.See question
Dui third violation outside ten years
A misdemeanor of the first degree is worse that a second degree misdemeanor. A first degree misdemeanor is punishable by up to 364 days in the county jail. A second degree misdemeanor is punishable by up to 60 days in the county jail. If one of your prior DUI convictions is within 10 years of the most recent DUI arrest then the state attorney can charge you with a felony if they can prove you also have another DUI conviction, regardless of how many years ago it was.See question
Stopped for speeding, no video of stop, didn't take any field sobriety tests.
A lof will also depend on the strength of both the state attorney and the officer testifying. Some officers have more training and experience and have testified in the past on DUI cases. Others are fresh out of the academy and their courtroom skills may be lacking. There are several new state attorneys in the misdemeanor unit, some like to try cases while others hope the defendant's plea out. Of course on a 3rd DUI there is a lot at stake. You must consider the possible penalty if you are not sucessful at trial. Also, were any public records obtained in your case, like booking photos, med/nurse documents, and/or jail video?See question
This morning my husband got in a car accident he hit the car in front of him she cut him off and he took a picture of her damage and I seen the tag is from 12/16 as this is mid January she should have not been driving. Can we fight the ticket?
You can file paperwork with the Manatee County clerk of court. The clerk will schedule a court date. The fact that she may have been driving with an expired tag is probably not relevant with regards to the accident. The officer could have issued her a ticket for an expired tag.See question
was working at a grocey store and miss used coupons and pocketed the money
You don't actually state what your question is. By giving your history you are probably concerned about the possible penalty you are facing. Florida has a sentencing guideline that when filled out by the state attorney will determine the actual number of points you have. The points are based upon several factors, including your past criminal convictions as well as the current crime. You may want to discuss your situation with a criminal lawyer to determine your points as well as any possible legal defenses.See question
Zone 45 mph...He wrote me up for going 60, but I was actually going 70.
The answer depends on the county. The officer cut him a huge break by writing it up the way he did. Look in the upper left-hand corner of the citation and that will tell you the county. You can then go to that county's website to find the amount of the fine. In addition, most tickets should have the final amount right on the face of the citation.See question
My son was arrested and place on probation for felony drug possession, it was his first offence. He has not failed any of his drug test since but has not completed is probationary drug classes and community service hours. He was re arrested last w...
Violating probation is a problem because the prosecutor now has another opportunity to punish your son and the burden of proof is a lower standard then on the original change. It is highly recommended that he gets everything done as quickly as possible. Signing up for the classes could end up being very helpful in the new negotiations that will be occurring with the state attorney. He may have a plausible defense for the curfew violation or at least something that can miitigate his possible penalties.See question
On November 23, 2013 I received a DUI in Florida. I was released from probation in the summer of 2015. On November 22, 2016 I received a speeding ticket for going 15 miles over the speed limit. From what I can see online, a DUI is worth 10 p...
A DUI conviction in Florida does not come with points. Whatever website you read that on was not accurate. If you pay the ticket and don't do traffic school or take the ticket to court then yes you will receive four points. Consult an attorney to fight the ticket and hopefully get it dismissed or no points from the judge. Your other option is to elect driver improvement school which guarantees you no points.See question
Florida highway patrol officer States He Pace clock me in two locations speeding but pulled me over at a totally different location to give me a citation for the prior location. It was my understanding that if an infarction occured, then the citat...
It's legal...he may be have been running your tag and driver license information before stopping you. Ultimately, he would have to come to court and testify as to the location of the violation if you decided to contest the ticket in court.See question